[Translation.], December 23, 1865.

[Translation.]

DEPARTMENT OF FOREIGN RELATIONS AND GOVERNMENT OFFICE OF RELATIONS— AMERICAN SECTION—No. 67.

Paso del Norte, December 23, 1865.

Prohibition to export arms from the United States across the Arizona and southern California border into Mexico.

I have received the duplicate of your note of the 20th October last, with the eight enclosed copies, relating to the order issued by General I. McDowell, commander of the department of California, on the 11th of October, forbidding to send arms and munitions of war, over the Arizona and California border, to either of the belligerents in Mexico.

You have sent me copies of the correspondence on the subject between you and General McDowell, who said he thought he was not authorized to revoke or modify that order.

It seems that the laws of the United States on neutrality prohibit the organization of armed expeditions within their borders for other countries, but do not forbid the free trade in arms and ammunition, or any other articles called contraband of war.

It seems, also, that the order of President Johnson repealing the laws that prohibited the export of arms and ammunition was issued on account of the civil war in the United States, and not because it was considered as a duty of neutrality, for the laws do not oppose the free trade in articles of war. If this is so, General McDowell’s order would conform to the laws of the United States, so far as the prohibition of the passage of armed forces over the border was concerned; but it would not agree with President Johnson’s order, which does not prohibit the crossing of arms and ammunition.

Moreover, neutrality would also comprehend arms and ammunition, military transports, the repair of vessels and naval transports of war, or any other articles or goods to be used as means of making war.

The application of these principles of neutrality in the United States, prohibiting the exportation of arms and ammunition not needed by the French, but much needed by the republicans in Mexico, has been very injurious to the republican cause in Mexico; but these same principles of neutrality have not been applied to war transports and repair of all kinds of vessels in the United States, needed by the French, but not wanted by the republicans of Mexico.

The citizen President is pleased with your conduct in this affair, and I have only made these observations that you may communicate them privately and confidentially to General McDowell, if you think proper under the circumstances; but as you have communicated the affair to the citizen minister plenipotentiary in Washington, he will settle it in the most proper manner with that government.

I assure you of my attentive consideration.

LERDO DE TEJADA.

Citizen José M. Godoy, Consul of the Mexican Republic in San Francisco, Upper California.

A true copy: